In re Carl H.

Mother‘s childhood was marked by abuse and neglect. When she was 13 years old she began an abusive relationship with Carl, a 20-year-old dropout. Their child, Carl Jr., was born when Mother was 14. While still a minor, Mother left Carl, started a relationship with Kevin, and gave birth to Harmony in 2012 and Melody in 2013. The family, including both fathers, had at least 13 referrals for physical and emotional abuse and neglect before Melody died in 2015, as a result of acute methadone toxicity. The Agency filed petitions on behalf of the surviving children, alleging failure to protect because: parents allowed them to live in a home where dangerous medications were within easy access despite Carl Jr.‘s earlier methadone poisoning; Mother failed to adequately supervise the children by frequently leaving them with Grandmother or Carl Sr. despite earlier incidents and warnings from the Agency; and Kevin was living in a residential facility. The court found that Mother‘s neglect contributed to Melody's death and that there was no clear and convincing evidence that reunification services were in the children’s best interest. The court of appeal upheld the court‘s jurisdictional findings and the bypass of services to Mother, but reversed the dismissal of Carl Jr.‘s dependency case. View "In re Carl H." on Justia Law